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Supreme Court Stay on Lokpal Order Covering HC Judges

21 February 20251 min read
NATIONAL AFFAIRSSupreme CourtStay on LokpalOrder Covering HCJudges21 February 2025safalsetu.com

Why in the news

The Supreme Court paused a Lokpal order that treated High Court judges as public servants liable to investigation, raising questions about judicial independence.

About the Lokpal

  • Anti-corruption body; the word means “defender of the people”.
  • Statutory body under the Lokpal and Lokayuktas Act, 2013.
  • A chairperson plus up to eight members, at least four judicial.
  • Covers the Prime Minister, ministers, MPs and government employees; the chair may assign cases to benches.

Lokpal versus Lokayukta

FeatureLokpalLokayukta
LevelNationalState
HeadPanel of judges or retired judgesPanel of judges or retired judges
PowerInvestigate and prosecute corruptionInvestigate and prosecute corruption
  • Term coined in 1963 by Dr. L.M. Singhvi; first Lokpal Bill brought in 1968.

The controversy

  • Bench: Justices B.R. Gavai, Surya Kant and A.S. Oka.
  • Lokpal’s January 27 order under then-chair Justice A.M. Khanwilkar held High Court judges to be public servants under the Act.
  • Trigger: a complaint that a High Court judge influenced an Additional District Judge to favour a private company that was once the judge’s client.

Concerns

  • An independent judiciary is a basic feature of the Constitution.
  • Judges are impeached under Articles 124 and 217; corruption cases mostly go through internal court mechanisms.
  • Open questions: are judges public servants under the Act, and who would investigate – Lokpal, CBI or a judicial body?

Exam angle

  • Hearing date: March 18.
  • Parent Act: Lokpal and Lokayuktas Act, 2013.

Test yourself

1. Under which Act was the Lokpal established as a statutory body?

The Lokpal was set up by the Lokpal and Lokayuktas Act, 2013.

2. Under which Constitutional Articles are High and Supreme Court judges impeached, per the Lokpal stay notes?

The notes cite Articles 124 and 217 for impeachment of judges.

3. What is the maximum number of members (excluding chairperson) of the Lokpal, with at least four judicial?

A chairperson and up to eight members, at least four judicial.